Apple has filed a new appeal with the Ninth Circuit Court of Appeals, arguing that recent court-mandated App Store changes go too far and violate its constitutional rights. The filing is part of the ongoing dispute with Epic Games, where Apple claims it has been unfairly stripped of its ability to seek compensation for intellectual property while being forced into rules that set a dangerous precedent for other companies.
The case stems from a 2021 order by Judge Yvonne Gonzalez Rogers, who required Apple to let developers include in-app links to third-party purchase options. Apple delayed implementation until 2024, introducing a 12 to 27 percent fee on external purchases. Epic challenged the move as an unjustified fee, and in April 2025, the court expanded the injunction, forcing Apple to allow external links with no fees and no design restrictions. Apple complied but immediately appealed, calling the ruling unconstitutional.
Apple argues that the April injunction unlawfully rewrote the original order by imposing new design, formatting, and messaging rules that infringe on its First Amendment rights. The company maintains that courts should have enforced the original injunction rather than creating new terms. Apple also says the broad application of the zero-commission rule to all developers is excessive, given that Epic Games is the sole plaintiff in the case.
The company cites a recent Supreme Court ruling in Trump v. Casa, which stated that universal injunctions must not be broader than necessary. Apple believes the district court improperly extended relief beyond Epic, allowing all developers to bypass App Store fees without proving harm. Apple claims that requiring it to permit linked-out purchases from companies like Spotify, Microsoft, or Amazon does nothing to remedy Epic’s situation and unfairly exploits Apple’s IP-protected technologies.
Currently, Apple is obligated to let U.S. developers include unrestricted external links without charging fees. If the Ninth Circuit sides with Apple, the company could reintroduce commission structures or restrictions on how links are presented, marking a significant shift in App Store policy once again.
